When a child’s parents are no longer able to care for them—due to death, incapacity, abandonment, or other serious challenges—Florida law allows a concerned adult to step in and petition for guardianship. This process ensures that the child has a stable, loving, and legally authorized adult making decisions on their behalf.
Whether you’re a grandparent, sibling, or family friend, this guide will help you understand what minor guardianship is, when it’s necessary, and how the process works in Florida.
What Is Minor Guardianship?
Guardianship of a minor is a court-ordered legal arrangement where an adult (the guardian) is given the authority and responsibility to care for a child (the ward) when the child’s parents are unable or unfit to do so.
Unlike custody battles between parents, guardianship usually arises when:
- The parents are deceased
- A parent is incarcerated, missing, incapacitated, or suffering from addiction
- There has been abandonment, neglect, or abuse
- The parent agrees to temporary or long-term guardianship
Types of Guardianship in Florida
Florida recognizes two primary types of guardianship for minors:
- Guardian of the Person – Makes decisions about the child’s education, health care, living arrangements, and daily welfare.
- Guardian of the Property – Manages assets or inheritance belonging to the child, especially if the child receives a settlement or life insurance payout.
In many cases, both types may be needed, and one person can serve in both roles.
Who Can Serve as Guardian?
In Florida, a guardian must:
- Be at least 18 years old
- Be a resident of Florida (or meet certain non-resident requirements)
- Have no felony convictions
- Pass a background check and possibly a home study
The court’s primary concern is the best interest of the child—not just biology or relationship—so even extended relatives or close family friends may be considered if they can provide a stable, loving home.
What Is the Guardianship Process Like?
- File a Petition
You’ll file a Petition for Appointment of Guardian of a Minor with the court. If the child has inherited money or assets, a separate Petition for Guardian of the Property may be needed. - Provide Notice
Notice must be given to any living parents and other interested parties. The court may also appoint a Guardian ad Litem to advocate for the child. - Background Check and Home Visit
Depending on the situation, the court may require fingerprinting, a home study, or additional documentation to assess your fitness. - Court Hearing
The judge will review your petition, hear testimony, and decide whether guardianship is in the child’s best interest. - Ongoing Responsibilities
Guardians must file reports with the court, especially if managing finances, and are expected to act in the best interest of the child until they turn 18 or the guardianship is terminated.
Planning Ahead: Temporary vs. Permanent Guardianship
Some families only need temporary guardianship—for example, when a parent is in rehab or deployed overseas. Others pursue permanent guardianship when there’s long-term or irreversible incapacity. Florida courts allow for both, depending on the child’s needs.
How We Help
At Calley Law, we guide families through the guardianship process with skill, compassion, and experience. Whether you need help navigating court forms, communicating with relatives, or ensuring compliance with Florida law, we’ll be by your side every step of the way.